Disabled Rights

The Americans with Disabilities Act
provides a single section of the law relating to the civil rights of those with
disabilities. The primary aim of the act was to prevent discrimination against
disabled people in many areas of their lives. In essence it was passed to
enable Americans who have a disability to integrate fully in their day-to-day
lives. The Disability Discrimination Act in 1995 built on the existing law.

It is a sad truth that many Americans who
have physical or mental disabilities find themselves unable to participate in
mainstream life – whether because of physical lack of access or an inability to
overcome attitudes that preclude them from participation. That is why the ADA
is so important – not just to those who are protected by it, but for all of us
– so as to encourage and promote a fully integrated society for everyone to enjoy.
If there is a situation in which state laws are stricter than the provisions in
the ADA, the state laws will still apply.

Who does the ADA protect?

People who are covered by the ADA are those
who have a disability or who have a history of a disability. In addition,
people who are discriminated against because of their relationship or
connection with disabled people are also provided for (e.g. parents or carers),
as well as people who are thought to have a disability by others (regardless of
whether or not they do have a disability.)

The ADA is split into several sections:

Title I provides the rules for employers, who must obey its
provisions if they have fifteen or more employees.

Title II sets out the provisions for State and Local
Governments and Public Transportation.

Title III relates to ‘private entities,’ which prevents
disability discrimination in public accommodations, such as restaurants,
stores, stations, schools & colleges, factories and offices, amongst
others.

Title IV governs telecommunications issues and provides that
all public service announcements must be closed captioned, regardless of
whether they are fully or only partially funded by any federal agency.

Title V contains miscellaneous provisions.

There are also a number of groups of people
who are excluded from the ADA, for example, current drug users, compulsive
gamblers, kleptomaniacs and transsexuals.

Recent Amendments

An ADA Amendments Act of 2008, signed by
the President in September 2008, restores protection under the Americans with Disabilities Act for a number
of groups who suffer from disability, such as bipolar disorder, epilepsy,
cancer and diabetes. Previously these groups of people had seen their
protection diminished under the law as a result of a series of Supreme Court
decisions. The new law ensures that these people’s rights are restored and they
are once again protected by the ADA as was initially intended.

If you or someone you know is being
discriminated against on the grounds of their disability there are complaints
procedures, which enable the US Department of Justice to take up your case on
your behalf. However, this does not prevent you from filing your own suit in
U.S. District Court. Your options will depend on the particular circumstances
of your case.